California ruling puts Obama on spot

A federal judge’s ruling Wednesday striking down California’s ban on same-sex marriage is a historic and possibly pivotal legal victory for gay rights advocates, but the decision also poses a formidable threat to President Barack Obama’s strategy of relegating divisive social issues to the back burner.

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U.S. District Court Judge Vaughn Walker’s decision is just the latest in a series of rulings and high-profile legal challenges drawing public attention to gay rights issues in a sustained way since San Francisco Mayor Gavin Newsom grabbed headlines in 2004 by OK'ing same-sex marriages in that city.

As gay and lesbian activists celebrate what they hope is the leading edge of a wave of momentous court rulings and legislative successes, they remain uneasy with Obama’s nuanced position on gay marriage.

During the 2008 campaign, Obama took what many on both sides of the gay marriage debate viewed as a straddle. He publicly announced his opposition to same-sex marriage, but he also said that he opposed the California ballot measure seeking to ban it, Proposition 8 — the same ban Walker ruled unconstitutional Wednesday.

Obama explained the seeming contradiction at the time by saying that he opposes any measure singling out a group for adverse treatment by amending the U.S. Constitution or a state constitution, as Prop 8. did, even though legal experts said that was the only viable way to block gay marriage in California.

Gay activists lauded Obama's stance but remain disappointed and a tad puzzled by his unwillingness to simply endorse gay marriage.

“His position on Prop. 8 has always been clear. What has not been clear is how he squares his position for equality with his refusal to embrace actual equality in marriage. That is unclear, increasingly unclear, and there’s no good reason to explain it,” said Evan Wolfson of Freedom to Marry. “That’s an unsatisfying position that does nothing but frustrate those of us who look to him as the champion he promised to be. ... He’s not gaining anything, and Judge Walker just made that crystal clear.”

Same-sex marriage opponents also view Obama’s position as unsustainable in light of Walker’s decision.

“He’s got to show his cards,” said Brian Brown of the National Organization for Marriage. “Do you support one San Francisco judge in imposing his view of marriage on the rest of the country or not?... Anyone who just looks at this from an objective point of view realizes the president’s position is untenable.”

The White House issued a terse statement on the ruling that didn’t endorse or reject the judge’s conclusions.

“The president has spoken out in opposition to Proposition 8 because it is divisive and discriminatory. He will continue to promote equality for LGBT Americans,” spokesman Ben LaBolt said.